HB2643 98TH GENERAL ASSEMBLY

LRB098 07572 KTG 37643 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2643

Introduced 2/21/2013, by Rep. Greg Harris

SYNOPSIS AS INTRODUCED:

See Index

Creates the Vulnerable Adult Fatality Review Team Act. Requires the Director of the Department on Aging, in consultation with other specified agencies and professionals who work in the field of investigating, treating, or preventing abuse or neglect of vulnerable adults, to appoint members to a minimum of one vulnerable adult fatality review team in each of the Department's 13 planning and service areas. Contains provisions concerning appointment terms and the requirement that each review team consist of at least one member who is a physician knowledgeable about abuse and neglect of vulnerable adults; a representative of the Department; a representative of the Department of State Police; a representative of a social service or health care agency that provides services to persons with mental illness; and other specified persons. Provides that each review team shall select a chairperson from among its members and that the chairperson shall also serve on the Illinois Vulnerable Adult Fatality Review Teams Executive Council. Contains provisions concerning the Executive Council, its composition, and duties. Contains provisions concerning the review of vulnerable adult deaths; review team access to information; public access to information; the creation of a database of at-risk individuals; and other matters. Amends the Open Meetings Act. Provides that the meetings of a review team or the Executive Council shall be closed to the public. Amends the Freedom of Information Act. Provides that records and information provided to a review team or the Executive Council shall be exempt from public inspection and copying. Amends the Elder Abuse and Neglect Act. Repeals a provision permitting the Department on Aging to establish regional interagency elder abuse fatality review teams. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning aging.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Vulnerable Adult Fatality Review Team Act.

Section 5. State policy. The following statements are the policy of this State:

(a) Both the State and the community maintain a commitment to preventing the abuse, neglect, and financial exploitation of vulnerable adults. This includes a charge to bring perpetrators of crimes against vulnerable adults to justice and prevent untimely deaths in the community.

(b) When a vulnerable adult dies, the response by the community and the State to the death must include an accurate and complete determination of the cause of death, and the development and implementation of measures to prevent future deaths from similar causes.

(c) Multidisciplinary and multi-agency reviews of deaths can assist the State and counties in (i) investigating the deaths of vulnerable adults, (ii) developing a greater understanding of the incidence and causes of pre-mature deaths and the methods for preventing those deaths, and (iii) identifying gaps in services to vulnerable adults.

(d) Access to information regarding the deceased and their families by multidisciplinary and multi-agency vulnerable adult fatality review teams is necessary in order to fulfill their purposes and duties.

Section 10. Definitions. As used in this Act:

(a) "Department" means the Department on Aging.

(b) "Director" means the Director of the Department on Aging.

(c) "Executive Council" means the Illinois Vulnerable Adult Fatality Review Teams Executive Council.

(d) "Review team" means a vulnerable adult fatality review team appointed under this Act.

(e) "Vulnerable adult" means

(1) a person aged 18 through 59 who resides in a domestic living situation and whose physical or mental disability impairs his or her ability to seek or obtain protection from abuse, neglect, or exploitation; or

(2) a person 60 years of age or older who resides in a domestic living situation.

Section 15. Vulnerable adult fatality review teams; establishment.

(a) The Director, in consultation with the Executive Council, law enforcement, and other professionals who work in the field of investigating, treating, or preventing abuse or neglect of vulnerable adults, shall appoint members to a minimum of one review team in each of the Department's 13 planning and service areas. The members of a review team shall be appointed for 2-year terms and shall be eligible for reappointment upon the expiration of the terms. The Director must fill any vacancy in a review team within 60 days after that vacancy occurs.

(b) Each review team shall consist of at least one member from each of the following categories:

(1) Physician knowledgeable about abuse and neglect of vulnerable adults.

(2) Representative of the Department.

(3) State's attorney or State's attorney's representative.

(4) Representative of a local law enforcement agency.

(5) Psychologist or psychiatrist.

(6) Representative of a local health department.

(7) Representative of a social service agency providing services for persons 60 years of age or older in domestic living situations.

(8) Representative of a social service or health care agency that provides services to persons with mental illness, in a program whose accreditation to provide such services is recognized by the Office of Mental Health within the Department of Human Services.

(9) Representative of a social service or health care agency that provides services to persons with developmental disabilities, in a program whose accreditation to provide such services is recognized by the Office of Developmental Disabilities within the Department of Human Services.

(10) Coroner or forensic pathologist.

(11) Representative of a local hospital, trauma center, or provider of emergency medical services.

(12) Representative of the Department of State Police.

(13) Representative of the Area Agency on Aging for the review team's planning and service area.

(14) Representative of a forensic unit.

Each review team may make recommendations to the Director concerning additional appointments.

Each review team member must have demonstrated experience and an interest in investigating, treating, or preventing abuse or neglect of vulnerable adults.

(c) Each review team shall select a chairperson from among its members. The chairperson shall also serve on the Illinois Vulnerable Adult Fatality Review Teams Executive Council.

Section 20. Reviews of vulnerable adult deaths.

(a) The review team shall review a case of a death of a vulnerable adult occurring in its planning and service area if:

(1) the death involves blunt force trauma or an undetermined manner or suspicious cause of death;

(2) requested by the deceased's attending physician;

(3) referred by a health care provider; or

(4) the vulnerable adult was the subject of an open or closed case from a senior protective services agency, law enforcement agency, or State's Attorney's office that involves alleged or suspected abuse, neglect, or financial exploitation.

A review team may also review other cases of deaths of vulnerable adults if the alleged abuse or neglect occurred while the person was residing in a domestic living situation.

(b) A review team's purpose in conducting reviews of vulnerable adult deaths is to do all of the following:

(1) Assist local agencies in identifying and reviewing suspicious deaths of vulnerable adult victims of alleged, suspected, or substantiated abuse or neglect in domestic living situations.

(2) Facilitate communications between officials responsible for autopsies and inquests and persons involved in reporting or investigating alleged or suspected cases of abuse, neglect, or financial exploitation of vulnerable adults.

(3) Evaluate means by which the death might have been prevented.

(4) Report its findings to appropriate agencies and the Executive Council and make recommendations that may help to reduce the number of vulnerable adult deaths caused by abuse or neglect.

(c) A review team shall meet not less than 6 times a year to discuss cases for its possible review. Each review team, with the advice and consent of the Department, shall establish criteria to be used by review teams in discussing cases of alleged, suspected, or substantiated abuse or neglect of vulnerable adults for review.

Section 25. Review team access to information.

(a) Each entity's or individual's representative on the review team may share with other members of the review team information in the entity's or individual's possession concerning the decedent who is the subject of the review or concerning any person who was in contact with the decedent, as well as any other information deemed by the entity or individual to be pertinent to the review. Any such information shared by an entity's or individual's representative on the review team with other members of the review team is confidential. The intent of this subsection is to permit the disclosure to members of a review team of any information deemed confidential or privileged or prohibited from disclosure by any other provision of law. Release of a confidential communication between domestic violence advocates and a domestic violence victim shall be in accordance with subsection (d) of Section 227 of the Illinois Domestic Violence Act of 1986 which allows for the waiver of privilege afforded to guardians, executors, or administrators of the estate of the domestic violence victim. This provision relating to the release of a confidential communication between domestic violence advocates and a domestic violence victim shall exclude adult protective service providers.

(b) A coroner's or medical examiner's office may share with a review team medical records that have been made available to the coroner's or medical examiner's office in connection with that office's investigation of a death.

Section 30. Public access to information.

(a) Meetings of the review teams and the Executive Council shall be closed to the public. Meetings of the review teams and the Executive Council are not subject to the Open Meetings Act.

(b) Records and information provided to a review team and the Executive Council, and records maintained by a team or the Executive Council, are confidential and are not subject to the Freedom of Information Act.

(c) Any document or oral or written communication shared within or produced by a review team relating to a case discussed or reviewed by the review team is confidential, is not subject to discovery or subpoena, and is not admissible as evidence in any civil or criminal proceeding. Those records and information are, however, subject to discovery or a subpoena, and are admissible as evidence, to the extent they are otherwise available to the public.

(d) Any document or oral or written communication provided to a review team by an individual or entity, and created by that individual or entity solely for the use of the review team, is confidential, is not subject to discovery or subpoena, and is not admissible as evidence in any civil or criminal proceeding. Those records and information are, however, subject to discovery or a subpoena, and are admissible as evidence, to the extent they are otherwise available to the public.

(e) Members of a review team and the Executive Council are not subject to examination, in any civil or criminal proceeding, concerning information presented to members of the review team or the Executive Council or opinions formed by members of the review team or the Executive Council based on that information. A person may, however, be examined concerning information provided to a review team or the Executive Council that is otherwise available to the public.

Section 35. Indemnification. The State shall indemnify and hold harmless members of a review team and the Executive Council for all their acts, omissions, decisions, or other conduct arising out of the scope of their service on the review team or Executive Council, except those involving willful or wanton misconduct. The method of providing indemnification shall be as provided in the State Employee Indemnification Act.

Section 40. Illinois Vulnerable Adult Fatality Review Teams Executive Council.

(a) The Illinois Vulnerable Adult Fatality Review Teams Executive Council, consisting of the chairpersons of all review teams in Illinois, is the coordinating and oversight body for review teams and activities in Illinois. The vice-chairperson of a review team, as designated by the chairperson, may serve as a back-up member or an alternate member of the Executive Council, if the chairperson of the review team is unavailable to serve on the Executive Council. The Inspector General of the Department, ex officio, is a non-voting member of the Executive Council. The Director may appoint to the Executive Council any ex-officio members deemed necessary. Persons with expertise needed by the Executive Council may be invited to meetings. The Executive Council must select from its members a chairperson and a vice-chairperson, each to serve a 2-year term. The chairperson or vice-chairperson may be selected to serve additional, subsequent terms. The Executive Council must meet at least 4 times during each calendar year.

(b) The Department must provide or arrange for the staff support necessary for the Executive Council to carry out its duties. The Director, in cooperation and consultation with the Executive Council, shall appoint, reappoint, and remove review team members.

(c) The Executive Council has, but is not limited to, the following duties:

(1) To serve as the voice of review teams in Illinois.

(2) To oversee the review teams in order to ensure that the review teams' work is coordinated and in compliance with State statutes and the operating protocol.

(3) To ensure that the data, results, findings, and recommendations of the review teams are adequately used to make any necessary changes to the policies, procedures, and State statutes in order to protect vulnerable adults in a timely manner.

(4) To collaborate with the Department in order to develop any legislation needed to prevent unnecessary deaths of vulnerable adults.

(5) To assist in the development of quarterly and annual reports based on the work and the findings of the review teams.

(6) To ensure that the review teams' review processes are standardized in order to convey data, findings, and recommendations in a usable format.

(7) To serve as a link with review teams throughout the country and to participate in national review team activities.

(8) To develop an annual statewide symposium to update the knowledge and skills of review team members and to promote the exchange of information between review teams.

(9) To provide the review teams with the most current information and practices concerning vulnerable adult death review and related topics.

(10) To perform any other functions necessary to enhance the capability of the review teams to reduce and prevent vulnerable adult fatalities.

(d) The Executive Council shall prepare an annual report, in consultation with the Department, using aggregate data gathered by review teams and using the review teams' recommendations to develop education, prevention, prosecution, or other strategies designed to improve the coordination of services for vulnerable adults and their families. The Executive Council shall send a copy of its annual report to each of the following:

(1) The Governor.

(2) The chairperson of each review team in the State.

(e) In any instance when a review team does not operate in accordance with established protocol, the Director, in consultation and cooperation with the Executive Council, must take any necessary actions to bring the review team into compliance with the protocol.

Section 45. Database. The Department or another State or county agency, in consultation with coroners, medical examiners, and law enforcement agencies, also may use aggregate data gathered by review teams to create a database of at-risk individuals.

Section 50. Administrative rules. The Department shall adopt such rules and regulations as it deems necessary to implement this Act.

Section 55. The Open Meetings Act is amended by changing Section 2 as follows:

(5 ILCS 120/2) (from Ch. 102, par. 42)

Sec. 2. Open meetings.

(a) Openness required. All meetings of public bodies shall be open to the public unless excepted in subsection (c) and closed in accordance with Section 2a.

(b) Construction of exceptions. The exceptions contained in subsection (c) are in derogation of the requirement that public bodies meet in the open, and therefore, the exceptions are to be strictly construed, extending only to subjects clearly within their scope. The exceptions authorize but do not require the holding of a closed meeting to discuss a subject included within an enumerated exception.

(c) Exceptions. A public body may hold closed meetings to consider the following subjects:

(1) The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity.

(2) Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees.

(3) The selection of a person to fill a public office, as defined in this Act, including a vacancy in a public office, when the public body is given power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office, when the public body is given power to remove the occupant under law or ordinance.

(4) Evidence or testimony presented in open hearing, or in closed hearing where specifically authorized by law, to a quasi-adjudicative body, as defined in this Act, provided that the body prepares and makes available for public inspection a written decision setting forth its determinative reasoning.

(5) The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired.

(6) The setting of a price for sale or lease of property owned by the public body.

(7) The sale or purchase of securities, investments, or investment contracts. This exception shall not apply to the investment of assets or income of funds deposited into the Illinois Prepaid Tuition Trust Fund.

(8) Security procedures and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property.

(9) Student disciplinary cases.

(10) The placement of individual students in special education programs and other matters relating to individual students.

(11) Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.

(12) The establishment of reserves or settlement of claims as provided in the Local Governmental and Governmental Employees Tort Immunity Act, if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the public body or any intergovernmental risk management association or self insurance pool of which the public body is a member.

(13) Conciliation of complaints of discrimination in the sale or rental of housing, when closed meetings are authorized by the law or ordinance prescribing fair housing practices and creating a commission or administrative agency for their enforcement.

(14) Informant sources, the hiring or assignment of undercover personnel or equipment, or ongoing, prior or future criminal investigations, when discussed by a public body with criminal investigatory responsibilities.

(15) Professional ethics or performance when considered by an advisory body appointed to advise a licensing or regulatory agency on matters germane to the advisory body's field of competence.

(16) Self evaluation, practices and procedures or professional ethics, when meeting with a representative of a statewide association of which the public body is a member.

(17) The recruitment, credentialing, discipline or formal peer review of physicians or other health care professionals for a hospital, or other institution providing medical care, that is operated by the public body.

(18) Deliberations for decisions of the Prisoner Review Board.

(19) Review or discussion of applications received under the Experimental Organ Transplantation Procedures Act.

(20) The classification and discussion of matters classified as confidential or continued confidential by the State Government Suggestion Award Board.

(21) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06.

(22) Deliberations for decisions of the State Emergency Medical Services Disciplinary Review Board.

(23) The operation by a municipality of a municipal utility or the operation of a municipal power agency or municipal natural gas agency when the discussion involves (i) contracts relating to the purchase, sale, or delivery of electricity or natural gas or (ii) the results or conclusions of load forecast studies.

(24) Meetings of a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(25) Meetings of an independent team of experts under Brian's Law.

(26) Meetings of a mortality review team appointed under the Department of Juvenile Justice Mortality Review Team Act.

(27) Confidential information, when discussed by one or more members of an elder abuse fatality review team, designated under Section 15 of the Elder Abuse and Neglect Act, while participating in a review conducted by that team of the death of an elderly person in which abuse or neglect is suspected, alleged, or substantiated; provided that before the review team holds a closed meeting, or closes an open meeting, to discuss the confidential information, each participating review team member seeking to disclose the confidential information in the closed meeting or closed portion of the meeting must state on the record during an open meeting or the open portion of a meeting the nature of the information to be disclosed and the legal basis for otherwise holding that information confidential.

(28) Correspondence and records (i) that may not be disclosed under Section 11-9 of the Public Aid Code or (ii) that pertain to appeals under Section 11-8 of the Public Aid Code.

(29) Meetings between internal or external auditors and governmental audit committees, finance committees, and their equivalents, when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with generally accepted auditing standards of the United States of America.

(30) Meetings of a vulnerable adult fatality review team or the Illinois Vulnerable Adult Fatality Review Teams Executive Council under the Vulnerable Adult Fatality Review Team Act.

(d) Definitions. For purposes of this Section:

"Employee" means a person employed by a public body whose relationship with the public body constitutes an employer-employee relationship under the usual common law rules, and who is not an independent contractor.

"Public office" means a position created by or under the Constitution or laws of this State, the occupant of which is charged with the exercise of some portion of the sovereign power of this State. The term "public office" shall include members of the public body, but it shall not include organizational positions filled by members thereof, whether established by law or by a public body itself, that exist to assist the body in the conduct of its business.

"Quasi-adjudicative body" means an administrative body charged by law or ordinance with the responsibility to conduct hearings, receive evidence or testimony and make determinations based thereon, but does not include local electoral boards when such bodies are considering petition challenges.

(e) Final action. No final action may be taken at a closed meeting. Final action shall be preceded by a public recital of the nature of the matter being considered and other information that will inform the public of the business being conducted.

(Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10; 96-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. 8-1-12.)

Section 60. The Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory Exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi-State Transit Safety Act.

(q) Information prohibited from being disclosed by the Personnel Records Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Authority due to its administration of the Illinois Health Information Exchange. The terms "identified" and "deidentified" shall be given the same meaning as in the Health Insurance Accountability and Portability Act of 1996, Public Law 104-191, or any subsequent amendments thereto, and any regulations promulgated thereunder.

(u) Records and information provided to an independent team of experts under Brian's Law.

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Records and information provided to a vulnerable adult fatality review team or the Illinois Vulnerable Adult Fatality Review Teams Executive Council under the Vulnerable Adult Fatality Review Team Act.

(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13.)

(320 ILCS 20/15 rep.)

Section 65. The Elder Abuse and Neglect Act is amended by repealing Section 15.

Section 99. Effective date. This Act takes effect upon becoming law.